Notes on 10 U.S.C. § 1072 : US Code - Notes

Search Notes on 10 U.S.C. § 1072 : US Code - Notes

(Added Pub. L. 85-861, Sec. 1(25)(B), Sept. 2, 1958, 72 Stat. 1446;
amended Pub. L. 89-614, Sec. 2(1), Sept. 30, 1966, 80 Stat. 862;
Pub. L. 89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96-
513, title I, Sec. 115(b), title V, Sec. 511(34)(A), (35), (36),
Dec. 12, 1980, 94 Stat. 2877, 2922, 2923; Pub. L. 97-252, title X,
Sec. 1004(a), Sept. 8, 1982, 96 Stat. 737; Pub. L. 98-525, title
VI, Sec. 645(a), Oct. 19, 1984, 98 Stat. 2548; Pub. L. 98-557, Sec.
19(1), Oct. 30, 1984, 98 Stat. 2869; Pub. L. 99-661, div. A, title
VII, Sec. 701(b), Nov. 14, 1986, 100 Stat. 3898; Pub. L. 101-189,
div. A, title VII, Sec. 731(a), Nov. 29, 1989, 103 Stat. 1481; Pub.
L. 102-484, div. A, title VII, Sec. 706, Oct. 23, 1992, 106 Stat.
2433; Pub. L. 103-160, div. A, title VII, Sec. 702(a), Nov. 30,
1993, 107 Stat. 1686; Pub. L. 103-337, div. A, title VII, Sec.
701(a), Oct. 5, 1994, 108 Stat. 2797; Pub. L. 105-85, div. A, title
VII, Sec. 711, Nov. 18, 1997, 111 Stat. 1808; Pub. L. 107-107, div.
A, title VII, Sec. 701(c), Dec. 28, 2001, 115 Stat. 1160; Pub. L.
109-163, div. A, title V, Sec. 592(b), title X, Sec. 1057(a)(2),
Jan. 6, 2006, 119 Stat. 3280, 3440.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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1072(1) 37:402(a)(1). June 7, 1956, ch. 374,
Sec. 102(a)(1), (4), 70
Stat. 250.
1072(2)
37:402(a)(4).
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In clause (1), the words "the armed forces" are substituted for
the words "the Army, the Navy, the Air Force, the Marine Corps, the
Coast Guard" to reflect section 101(4) of this title.
In clause (2), the words "or to a person who died while a member
or retired member of a uniformed service" and "lawful" are omitted
as surplusage. The word "former" is substituted for the word
"retired", since a retired member or a member of the Fleet Reserve
or the Fleet Marine Corps Reserve is already included as a "member"
of an armed force.
Clause (2)(E) combines 37:402(a)(4)(E) and (G).
PRIOR PROVISIONS
A prior section 1072, act Aug. 10, 1956, ch. 1041, 70A Stat. 81,
defined terms used in former sections 1071 to 1086 of this title,
prior to repeal by Pub. L. 85-861, Sec. 36B(5), Sept. 2, 1958, 72
Stat. 1570, as superseded by the Federal Voting Assistance Act of
1955 which is classified to subchapter I-D (Sec. 1973cc et seq.) of
chapter 20 of Title 42, The Public Health and Welfare.
AMENDMENTS
2006 - Par. (2)(I)(i). Pub. L. 109-163, Sec. 1057(a)(2), struck
out "or a Territory" before "or possession".
Par. (6)(D)(i). Pub. L. 109-163, Sec. 592(b), inserted ", or by
any other source authorized by State or local law to provide
adoption placement," after "(recognized by the Secretary of
Defense)".
2001 - Pars. (8), (9). Pub. L. 107-107 added pars. (8) and (9).
1997 - Par. (7). Pub. L. 105-85 added par. (7).
1994 - Par. (2)(D). Pub. L. 103-337, Sec. 701(a)(1), substituted
"a child who" for "an unmarried legitimate child, including an
adopted child or stepchild, who" in introductory provisions.
Par. (6). Pub. L. 103-337, Sec. 701(a)(2), added par. (6).
1993 - Par. (2)(I). Pub. L. 103-160 added subpar. (I).
1992 - Par. (2)(D). Pub. L. 102-484 added subpar. (D) and struck
out former subpar. (D) which read as follows: "an unmarried
legitimate child, including an adopted child or a stepchild, who
either -
"(i) has not passed his twenty-first birthday;
"(ii) is incapable of self-support because of a mental or
physical incapacity that existed before that birthday and is, or
was at the time of the member's or former member's death, in fact
dependent on him for over one-half of his support; or
"(iii) has not passed his twenty-third birthday, is enrolled in
a full-time course of study in an institution of higher learning
approved by the administering Secretary and is, or was at the
time of the member's or former member's death, in fact dependent
on him for over one-half of his support;".
1989 - Par. (2)(H). Pub. L. 101-189 added subpar. (H).
1986 - Par. (1). Pub. L. 99-661, Sec. 701(b)(1), substituted "The
term 'uniformed services' means" for " 'Uniformed services' means".
Par. (2). Pub. L. 99-661, Sec. 701(b)(2), substituted "The term
'dependent', with respect to" for " 'Dependent', with respect to".
Par. (3). Pub. L. 99-661, Sec. 701(b)(3), substituted "The term
'administering Secretaries' means" for " 'Administering
Secretaries' means".
Pars. (4), (5). Pub. L. 99-661, Sec. 701(b)(4), added pars. (4)
and (5).
1984 - Par. (2)(D)(iii). Pub. L. 98-557, Sec. 19(1)(A),
substituted reference to the administering Secretary for reference
to the Secretary of Defense or the Secretary of Health and Human
Services.
Par. (2)(G). Pub. L. 98-525 added subpar. (G).
Par. (3). Pub. L. 98-557, Sec. 19(1)(B), added par. (3).
1982 - Par. (2)(F). Pub. L. 97-252 added cl. (F).
1980 - Pub. L. 96-513, Sec. 511(34)(A), substituted in
introductory material reference to this chapter for reference to
sections 1071-1087 of this title.
Par. (1). Pub. L. 96-513, Sec. 511(35), substituted "National
Oceanic and Atmospheric Administration" for "Environmental Science
Services Administration".
Par. (2). Pub. L. 96-513, Secs. 115(b), 511(36), substituted
"spouse" for "wife" in cl. (A), struck out cl. (C) "the husband, if
he is in fact dependent on the member or former member for over one-
half of his support;", redesignated cls. (D), (E), and (F) as (C),
(D), and (E), respectively, in cl. (C) as so redesignated, struck
out ", if, because of mental or physical incapacity he was in fact
dependent on the member or former member at the time of her death
for over one-half of his support" after "the unremarried widower",
and in cl. (D)(iii) as so redesignated, substituted "Health and
Human Services" for "Health, Education, and Welfare".
1966 - Pub. L. 89-718 substituted "Environmental Science Services
Administration" for "Coast and Geodetic Survey" in clause (1).
Pub. L. 89-614 substituted "1087" for "1085" in introductory
phrase.
EFFECTIVE DATE OF 1993 AMENDMENT
Section 702(b) of Pub. L. 103-160 provided that: "Section
1072(2)(I) of title 10, United States Code, as added by subsection
(a), shall apply with respect to determinations of dependency made
on or after July 1, 1994."
EFFECTIVE DATE OF 1989 AMENDMENT
Section 731(d) of Pub. L. 101-189 provided that:
"(1) The amendments made by this section [enacting section 1086a
of this title and amending this section and sections 1076 and 1086
of this title] apply to a person referred to in section 1072(2)(H)
of title 10, United States Code (as added by subsection (a)), whose
decree of divorce, dissolution, or annulment becomes final on or
after the date of the enactment of this Act [Nov. 29, 1989].
"(2) The amendments made by this section shall also apply to a
person referred to in such section whose decree of divorce,
dissolution, or annulment became final during the period beginning
on September 29, 1988, and ending on the day before the date of the
enactment of this Act, as if the amendments had become effective on
September 29, 1988."
EFFECTIVE DATE OF 1984 AMENDMENT
Section 645(d) of Pub. L. 98-525 provided that: "The amendments
made by subsections (a), (b), and (c) [amending this section and
provisions set out as a note under section 1408 of this title and
enacting provisions set out as a note under this section] shall be
effective on January 1, 1985, and shall apply with respect to
health care furnished on or after that date."
EFFECTIVE DATE OF 1982 AMENDMENT; TRANSITION PROVISIONS
Amendment by Pub. L. 97-252 effective Feb. 1, 1983, and
applicable in the case of any former spouse of a member or former
member of the uniformed services whether final decree of divorce,
dissolution, or annulment of marriage of former spouse and such
member or former member is dated before, on, or after Feb. 1, 1983,
see section 1006 of Pub. L. 97-252, set out as an Effective Date;
Transition Provisions note under section 1408 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by section 115(b) of Pub. L. 96-513 effective Sept. 15,
1981, but the authority to prescribe regulations under the
amendment by Pub. L. 96-513 effective on Dec. 12, 1980, and
amendment by section 511(34)(A), (35), (36) of Pub. L. 96-513
effective Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out
as a note under section 101 of this title.
EFFECTIVE DATE OF 1966 AMENDMENT
For effective date of amendment by Pub. L. 89-614, see section 3
of Pub. L. 89-614, set out as a note under section 1071 of this
title.
REPEALS
The directory language of, but not the amendment made by, Pub. L.
89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit
to this section, was repealed by Pub. L. 97-295, Sec. 6(b), Oct.
12, 1982, 96 Stat. 1314.
CONTINUATION OF INDIVIDUAL CASE MANAGEMENT SERVICES FOR CERTAIN
ELIGIBLE BENEFICIARIES
Pub. L. 107-107, div. A, title VII, Sec. 701(d), Dec. 28, 2001,
115 Stat. 1160, provided that:
"(1) Notwithstanding the termination of the Individual Case
Management Program by subsection (g) [amending section 1079 of this
title and repealing provisions set out as a note under section 1077
of this title], the Secretary of Defense shall, in any case in
which the Secretary makes the determination described in paragraph
(2), continue to provide payment as if such program were in effect
for home health care or custodial care services provided to an
eligible beneficiary that would otherwise be excluded from coverage
under regulations implementing chapter 55 of title 10, United
States Code.
"(2) The determination referred to in paragraph (1) is a
determination that discontinuation of payment for services not
otherwise provided under such chapter would result in the provision
of services inadequate to meet the needs of the eligible
beneficiary and would be unjust to such beneficiary.
"(3) For purposes of this subsection, 'eligible beneficiary'
means a covered beneficiary (as that term is defined in section
1072 of title 10, United States Code) who, before the effective
date of this section [Dec. 28, 2001], was provided custodial care
services under the Individual Case Management Program for which the
Secretary provided payment."
IMPROVEMENTS IN ADMINISTRATION OF THE TRICARE PROGRAM; FLEXIBILITY
OF CONTRACTING
Pub. L. 107-107, div. A, title VII, Sec. 708(a), Dec. 28, 2001,
115 Stat. 1164, provided that:
"(1) During the one-year period following the date of the
enactment of this Act [Dec. 28, 2001], section 1072(7) of title 10,
United States Code, shall be deemed to be amended by striking 'the
competitive selection of contractors to financially underwrite'.
"(2) The terms and conditions of any contract to provide health
care services under the TRICARE program entered into during the
period described in paragraph (1) shall not be considered to be
modified or terminated as a result of the termination of such
period."
TRANSITIONAL PROVISIONS FOR QUALIFICATION FOR CONVERSION HEALTH
POLICIES; PREEXISTING CONDITIONS
Section 731(e) of Pub. L. 101-189 provided that:
"(1) In the case of a person who qualified as a dependent under
section 645(c) of the Department of Defense Authorization Act, 1985
(Public Law 98-525; 98 Stat. 2549) [set out below], on September
28, 1988, the Secretary of Defense shall make a conversion health
policy available for purchase by the person during the remaining
period the person is considered to be a dependent under that
section (or within a reasonable time after that period as
prescribed by the Secretary of Defense).
"(2) Purchase of a conversion health policy under paragraph (1)
by a person shall entitle the person to health care for preexisting
conditions in the same manner and to the same extent as provided by
section 1086a(b) of title 10, United States Code (as added by
subsection (b)), until the end of the one-year period beginning on
the later of -
"(A) the date the person is no longer qualified as a dependent
under section 645(c) of the Department of Defense Authorization
Act, 1985; and
"(B) the date of the purchase of the policy.
"(3) For purposes of this subsection, the term 'conversion health
policy' has the meaning given that term in section 1086a(c) of
title 10, United States Code (as added by subsection (b))."
DEPENDENT; QUALIFICATION AS; EFFECTIVE DATE
Section 645(c) of Pub. L. 98-525, as amended by Pub. L. 99-661,
div. A, title VI, Sec. 646, Nov. 14, 1986, 100 Stat. 3887; Pub. L.
100-271, Sec. 1, Mar. 29, 1988, 102 Stat. 45; Pub. L. 100-271, Sec.
1, Mar. 29, 1988, 102 Stat. 45, provided that a person who would
qualify as a dependent under section 1072(2)(G) of title 10 but for
the fact that the person's final decree of divorce, dissolution, or
annulment was dated on or after Apr. 1, 1985, would be considered
to be a dependent under such section until the later of (1) Dec.
31, 1988, and (2) the last day of the two-year period beginning on
the date of such final decree, prior to repeal by Pub. L. 100-456,
div. A, title VI, Sec. 651(b), Sept. 29, 1988, 102 Stat. 1990,
effective Sept. 29, 1988, or 30 days after the Secretary of Defense
first makes available a conversion health policy (as defined in
section 1076(f) of title 10), whichever is later.